Reynolds v. Harrison, 278 Ga. 495

Summary

The Supreme Court of Georgia held that a majority of co-executors could sell stock in a privately held corporation that was not expressly bequeathed by name, even though the estate could meet its financial obligations. The court concluded that the will's provision giving individual trustees control over privately held corporate stock held by a trust did not require the executors to fund the marital trust with that stock. The court reversed the superior court's judgment and held that the drafting attorney's affidavit could not contradict the plain terms of the will.

Holdings

1. A majority of the co-executors could sell Harrison Poultry stock because the will granted the executor broad authority to sell estate assets and did not expressly bequeath the stock or require that it be used to fund the marital trust.
2. The drafting attorney's affidavit could not be used to contradict or add meaning to the will because the will's relevant terms were plain and unambiguous.

Questions Presented

1. Whether a majority of the co-executors could sell stock in a privately held corporation that was not expressly bequeathed by name to a beneficiary when the estate was able to meet its financial obligations.
2. Whether the will's provision giving the individual trustee control over privately held corporate stock held by a trust required the executors to fund the marital trust with Harrison Poultry stock.
3. Whether the drafting attorney's affidavit could be used to establish testamentary intent when the will's relevant terms were plain and unambiguous.

Disposition

reversed